By james art 
by Melissa McCoy
Richard Bernard Moore was executed by lethal injection Nov. 1, ending a 25-year case involving the fatal shooting of Spartanburg County store clerk James Mahoney III during a 1999 robbery.
Moore, 59, was pronounced dead at 6:24 p.m., a little more than 20 minutes after state officials began administering the lethal injection, according to three media witnesses who attended the execution. In his final statement, read by his attorney, Lindsey Vann, Moore expressed remorse to Mahoney’s family and gratitude to his own family and friends, according to the South Carolina Department of Corrections.
“To the family of Mr. James Mahoney, I am deeply sorry for the pain and sorrow I have caused all of you,” Moore’s statement read, according to department spokeswoman Christy Shane. Addressing his family, Moore added: “To my children and grandchildren, I love you and I am proud of you. Thank you for the joy you brought into my life. To all my family and friends, new and old, thank you for your love and support.”
Media witnesses Joseph Bustos of the State Gazette, Jeffrey Collins of the Associated Press and Brookley Cromer of FOX Carolina reported that Moore appeared calm, eyes closed, as he took several deep breaths followed by shallow ones before freezing. Shortly thereafter, a medical professional confirmed his death, which was officially announced by prison staff.
Witnesses included two of Mahoney’s family members, identified only as “Stoics” by observers, and 7th District Attorney Barry Barnett, who prosecuted the case. The room remained silent except for the occasional sobs from Van, who was clutching his cross during the process.
Before his execution, Moore was served a final meal of steak, fried catfish, shrimp, scalloped potatoes, green peas, broccoli with cheese, sweet potato pie, German chocolate cake and grape juice, Schein said.
Moore’s case, which has attracted considerable attention because of legal and ethical debates over the death penalty, has faced calls for clemency from three jurors who convicted him, the judge who presided over his trial and thousands of citizens. Defense attorneys argued that Moore, who was unarmed when he entered the store, did not deserve the death penalty, especially since high-profile South Carolina killers such as Susan Smith and Alex Murdo received life sentences.
Gov. Henry McMaster, South Carolina’s final clemency authority, denied Moore’s petition after reviewing legal documents, speaking with Mahoney’s family and reading letters supporting clemency. State Sen. Josh Kimbrel, R-Spartanburg, expressed regret for Moore’s execution, saying he saw Moore as someone who had converted to faith in his later years. Kimbrel added, “While justice requires accountability, it also affirms that redemption is possible for anyone willing to change. My only comfort tonight is knowing that he is at peace with the Lord.”
Justice 360, a legal nonprofit that represented Moore, released a statement criticizing the execution as unnecessary. “The state needlessly took the life of Richard Moore – a loving father and grandfather, faithful friend and devoted follower of Christ,” it said. “He was not a danger to anyone and the state eliminated a shining example of reform and rehabilitation.”
Moore’s death marks the second execution in South Carolina since the state resumed the death penalty in September after a 13-year hiatus. In the hour before his execution, opponents of the death penalty held a vigil outside the Broad River Correctional Institution, calling for a reprieve for McMaster.
The case of James Mahoney, 42, who was a bachelor but known for his kindness and love of NASCAR, has haunted his family and friends since his death. At Moore’s sentencing in 2001, Mahoney’s siblings and friends recalled his kindness, his love of building model race cars and his willingness to help anyone with car problems. Kathy Kelly, Mahoney’s sister, said publicly in 2020 that her family had suffered long enough and called on the state to carry out Moore’s sentence.
The events of the 1999 shooting at Nikki’s Speedy Mart unfolded around 3 a.m. when Moore entered the store, grabbed two beers and approached Mahoney at the counter. Moore, unarmed, claimed he did not intend to rob the store. However, a struggle broke out, prompting Mahoney to draw a concealed weapon. After Moore pulled the gun, Mahoney pulled another gun, leading to a shootout in which Mahoney was fatally wounded and Moore wounded.
Moore fled the scene with a bag containing $1,408 in cash, but was arrested soon after. His words to the officers were reported to be: “I did it. I did it I give up.”
Convicted in 2001 of murder and other charges, Moore was sentenced to death by an all-white jury. His lawyers later argued that the racial composition of the jury had been manipulated by prosecutors, who allegedly removed all eligible black jurors. The US Supreme Court declined to hear that claim the day before Moore’s execution.
South Carolina has executed 44 inmates since 1976 without a single pardon, according to the Associated Press, making it the only state with such a record.